Support is growing for the South Jersey woman trying to keep her property in an eminent domain fight

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Support is growing for South Jersey resident Dawn Robinson as she continues her fight to keep a 2.4-acre parcel of land she bought more than 20 years ago. Middle Township is attempting to seize the property as part of a plan to construct a multimillion-dollar housing development and has filed an eminent domain complaint against Robinson.

The Indian Trail Redevelopment project calls for 340 homes to be constructed in Whitesboro, a historically black neighborhood, by NVR Inc, the parent company of Ryan Homes. Middle Township Mayor Christopher Leusner said the project will generate millions of dollars in tax revenue, transforming the area into “a vibrant residential community.”

Taking a stand

Late Wednesday afternoon a rally was held by the nonprofit group Embracing Race – The Conversation to support Robinson. Cofounder Mary Ann Degenhart said her organization seeks to dismantle racism through conversations, community engagement and education.

“Over the years I’ve learned how land gets taken away and people of color are denied generational wealth,” she said. “This [rally] felt like a way to stand with her and support her and raise awareness about the issue.”

The rally was held in Collingswood, outside the office of James Maley Jr., the attorney representing Middle Township in the eminent domain condemnation proceeding.

Degenhart said Robinson’s case is particularly troubling.

“The community of Whitesboro was founded in 1901 because people were experiencing racism in Cape May, so they moved there to have a safe space,” she said. “Then we have developers and others wanting to encroach on that.”

The main issue

Robinson contends that the township does not have the legal right to take her land because eminent domain cannot be used to seize private property that is then handed over to a private entity.

In July, the New Jersey Supreme Court ruled unanimously in Jackson Township v. Getzel Bee that local governments are not justified in using eminent domain to condemn private land that is then transferred to a developer.

During an initial appearance in Superior Court in May, Robinson told the judge she wanted to keep her property so she could pass it down to members of her family. During the proceeding, the judge put the case on hold to allow Robinson to continue to try and get legal representation.

A legal defense fund

In the spring, state Sen. Britnee Timberlake, worked to secure a $200,000 state appropriation to go to the legal defense fund of the Whitesboro Historic Preservation Project, a community-driven effort founded by members of the Whitesboro Historical Foundation to “preserve Whitesboro’s legacy and future and unify the community of Whitesboro in the pursuit of self-reliance and good self-governance,” according to the group’s website.

Timberlake said the fund is designed to protect community members from eminent domain threats.

“It’s important to safeguard communities from that type of activity,” Timberlake said. “If it can happen to one community it can happen to another.”

She said poor or largely minority communities are frequently targeted by developers who will use eminent domain and other strategies to seize private property deemed valuable.

“Land taking is wrong,” she said. “If a person doesn’t want to sell you their land, they shouldn’t have to sell you their land. That is unacceptable.”

Timberlake said that while the defense fund was created to give Robinson and other Whitesboro residents the resources they need to stand up against eminent domain threats, the money can also be used in other parts of the state.

“They will also be able to help out other people who are lacking funds to fight eminent domain or any other land taking because they can’t afford to have attorneys,” she said.

Robinson said when she found out about the legal defense fund, she was ecstatic.

“I did backflips,” she said. “I was so happy because even though we’re raising money, this now guarantees I’ll have legal counsel. This will fill all the voids.”

Robinson said she feels honored that a state senator would work to help her.

“It does mean a lot,” she said.

Sending a message

More than 40 people attended the Wednesday rally, including Robinson. She thanked those in attendance.

“Your presence sends a powerful message,” she said. “When government threatens one person’s property rights, every community should pay attention.”

She said for Black families, property ownership means more than holding a deed.

“It represents liberty, civility, independence and the power to leave something to my children,” Robinson said.

She told the crowd that liberty includes the right to own property.

“It includes the right to keep property lawfully acquired, it includes the right to receive fair treatment from the government, regardless of my income, or the ability to hire an expensive legal team,” she said.

In August, the cofounders of Truth and Record, an online platform that advocates for social justice and accountability, created a website to help spread the word about Robinson’s case and collect donations for her legal defense.

A few days after the website became operational, enough money was raised for Robinson to secure legal representation right before a scheduled mediation session. Attorney Jeffrey Brennan represented Robinson during the mediation, which included discussions about a possible land-swap deal. The mediation was not successful.

What’s a fair price?

About 23 years ago, Robinson bought the 2.4-acre property in question for $40,000. She was offered $47,000 for the land earlier this year, an offer she turned down.

Robinson argues that the value of land in New Jersey has increased dramatically over the past two decades, saying that the $7,000 increase does not accurately reflect what the land would be worth in 2026..

Also, it is worth noting that the area in Whitesboro where the housing development has been planned has been rezoned as residential, which means more homes can be built on smaller parcels of land. According to a 2020 state Supreme Court ruling, that can mean the market value of the property is substantially increased.

David versus Goliath

Robinson said up until now she has always considered her struggle to keep her land to be about one lone individual standing up for their rights, but she is now starting to understand that this is a problem for people all over the Garden State and across the nation.

“I didn’t realize how big it is, but I’m noticing how big it is now,” she said, adding that she “didn’t do it for no stardom or anything, for notoriety, but I just can’t believe how people care so much, you know they say this can happen to us too.”

The case is now scheduled to return to Atlantic County Superior Court on Nov. 12.

Editor’s note: WHYY published an altered, hand-out photo from the Whitesboro Historic Preservation Project that has been replaced with an undoctored photo.